Texas Month-to-Month Lease Agreement
A Texas month-to-month rental agreement is a legal document that establishes a monthly tenancy, allowing a renter to live in a landlord’s property without a specific end date. The agreement automatically renews each month as long as the tenant pays their rent. Both landlords and tenants have the right to terminate the lease, provided they give proper notice of at least one month.
Texas Month-to-Month Lease Agreement
Month-to-Month Lease Laws
Termination Notice
In Texas, either a landlord or a tenant must provide a one-month notice before terminating a month-to-month lease. This notice can be issued without needing to provide a reason, such as nonpayment of rent or lease violations.
Rent Increase Notice
Texas law does not enforce standard notice requirements for rent increases. However, landlords must provide notice of at least one term before implementing a rent increase.
Required Disclosures
Landlords are obligated to provide specific disclosures to tenants, which include:
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100-Year Flood Plain – Landlords must disclose whether a dwelling is in a 100-year floodplain and if it has experienced flooding in the last five years.
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Lead-Based Paint Disclosure – This disclosure is mandatory for dwellings built before 1978, due to the potential presence of lead-based paint.
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Ownership and Management – Tenants must be informed of the name and address of the property title holder and, if applicable, the property management company.
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Right to Interrupt Utilities – If the landlord charges for electricity and intends to shut it off for nonpayment, a clause allowing this must be included in the lease.
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Statutory Rights – Tenants can break a lease early due to family violence or military deployment or transfers without being liable for unpaid rent, provided the lease lacks specific statutory language.
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Texas Parking Rules Addendum – Tenants in multiunit complexes must be informed of the building’s parking policies.
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Tenant’s Remedies – The lease must inform tenants that they can take action to remedy repairs that the landlord does not address within a reasonable time, typically seven days.
Texas Month-to-Month Eviction
If a landlord wishes to end a month-to-month lease, they must provide at least one month’s notice to the tenant. This notice can be issued for nonrenewal without needing to specify a reason. Should the tenant fail to vacate by the end of the notice period, the landlord may file a forcible entry and detainer lawsuit to initiate the eviction process.
Required Documents
A Texas rental application is necessary to gather a tenant’s background information and secure their consent for a background check.
Statutes
- Tex. Prop. Code § 92.104 – Retention of Security Deposit; Accounting
- Tex. Prop. Code § 92.0081 – Lockouts: Conditions apply
- Tex. Prop. Code § 92.0081 – Notice before Entry, Maintenance and Repairs: No specific notice period required
- Tex. Prop. Code § 92.008(o) – Utility Shut-offs: Not allowed
- Tex. Prop. Code § 24.005 – Notice to Vacate Prior to Filing Eviction Suit
- Tex. Prop. Code § 92.014.5 – Personal Property and Security Deposit of Deceased Tenant
- Tex. Prop. Code § 92.103 – Obligation to Refund
- Tex. Prop. Code § 92.019 – Late Payment of Rent; Fees
- Tex. Prop. Code § 92.351 – Application Fees
- Tex. Prop. Code § 92.1031 – Returned Check Fees
- Tex. Prop. Code § 92.0561 – Tenant’s Repair and Deduct Remedies
- Tex. Prop. Code § 91.006 – Landlord’s Duty to Mitigate Damages
- Tex. Prop. Code § 91.001 – Notice for Terminating Certain Tenancies
- Tex. Prop. Code § 94.206 – Termination and Eviction for Nonpayment of Rent
- Tex. Prop. Code § 92.201 – Disclosure of Ownership and Management
- Tex. Prop. Code § 92.024 – Landlord’s Duty to Provide Copy of Lease
- Tex. Prop. Code § 92.016 – Right to Vacate and Avoid Liability Following Family Violence
- Tex. Prop. Code § 92.052 – Landlord’s Duty to Repair or Remedy
- Tex. Prop. Code § 92.331 – Retaliation by Landlord
FAQs
A Texas month-to-month rental agreement is a legal document that establishes a monthly tenancy, allowing a renter to live in a landlord’s property without a specific end date. The lease automatically renews each month as long as the tenant pays their rent.
In Texas, both landlords and tenants must provide at least one month’s notice before terminating a month-to-month lease. This notice can be issued for nonrenewal without needing to provide a specific reason.
Landlords in Texas must provide several disclosures, including the identification of the property owner and management company, parking rules, special conditions for lease cancellation, tenant remedies for necessary repairs, and lead-based paint hazards if applicable.
Texas law does not enforce any standard notice requirements for rent increases in month-to-month leases. However, landlords are still encouraged to communicate any changes to tenants to maintain a good relationship.
If a landlord fails to perform necessary repairs within a reasonable time, typically seven days, the lease must inform the tenant of their right to take action to remedy the situation. This may include making the repairs themselves and deducting the cost from the rent.
If a tenant does not vacate the property by the end of the one-month notice period, the landlord can file a forcible entry and detainer lawsuit to initiate the eviction process.
The lead-based paint disclosure is required for any rental property built before 1978, as it may contain lead-based paint, which poses health risks. Landlords must inform tenants about this potential hazard before leasing the property.